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Arbittration Rules of Netherlands Arbitration Inst
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TEXT OF THE NAI ARBITRATION RULES
SECTION ONE - GENERAL PROVISIONS
Article 1 - Definitions
In these Rules, the words and phrases listed below have the following
meaning:
(a) "NAI" - Netherlands Arbitration Institute, Foundation (Stichting),
with its seat in Rotterdam;
(b) "Governing Board" - the Governing Board of the NAI;
(c) "Executive Board" - the executive section of the NAI Governing Board
as provided for in the NAI Articles of Association;
(d) "Administrator" - the Secretary to the Governing Board or his deputy
nominated by the Governing Board;
(e) "arbitration agreement" - the agreement by which parties bind
themselves to submit to arbitration an existing dispute between them
(compromis; submission agreement) or disputes which may arise between
them in the future (arbitration clause) out of a defined legal
relationship, whether contractual or not; this agreement shall be proven
by an instrument in writing; for this purpose an instrument in writing
which provides for arbitration or which refers to standard  conditions
providing for arbitration is sufficient, provided that this instrument
is expressly or impliedly accepted by or on behalf of the parties;
(f) "arbitral tribunal" - an arbitral tribunal of one or  more
arbitrators, composed in accordance with the third section of these
Rules;
(g) "international arbitration" - an arbitration in which at least one
of the parties is domiciled or has his seat or actual residence outside
the Netherlands.
Article 2 - Field of Application (Arbitration)
These Rules shall apply if parties have agreed to arbitration by the NAI
or to arbitration in accordance with the NAI Rules.
Article 3 - Field of Application (Binding Advice)
1. These Rules shall apply accordingly if parties have agreed in writing
to binding advice by the NAI or to binding advice in accordance with the
NAI Rules.
2. If parties have agreed to arbitration, but the arbitral tribunal
finds that a dispute is wholly or partially incapable of settlement by
arbitration, the arbitral tribunal is authorized to render is  decision
wholly or partially in the form of a binding advice.
3. In case of binding advice, no deposit of the decision with the
registry of the district court takes place. The period of time  for
correction (Article 52) and for rendering an additional decision
(Article 53) shall expire 30 days after the day the decision is
received.
Article 4 - Notices
1. Notices shall be given or confirmed in writing, such as by letter or
rapid written communication.
2. If there is more than one claimant or respondent, the number of
copies of notices and other written submissions to be submitted shall be
increased accordingly.
Article 5 - Periods of Time
1. For the purposes of these Rules, a period of time shall start to run
on the day a notice is received unless these Rules or the arbitral
tribunal explicitly provide otherwise.
2. In an international arbitration, the periods of time referred to in
Articles 7(4), 12(3), 13(2), 14(3), 14(9), 19(3), 19(7), 57(5) and 59(6)
shall be doubled.
3. The Administrator is, at the request of a party or on his own motion,
authorized to extend in exceptional cases the periods of time referred
to in Articles 7(4), 12(3), 13(2), 14(3), 14(9), 57(5) and 59(6).
SECTION TWO - COMMENCEMENT OF ARBITRATION
Article 6 - Request for Arbitration
1. An arbitration commences by the filing of a request for arbitration
with the NAI Secretariat.
2. Both in case of an arbitration clause and in case of a submission
agreement, the arbitration shall be deemed to have commenced on the day
the request for arbitration is received by the NAI Secretariat.
3. The request for arbitration shall contain the following:
(a) the name and address of the claimant, his place of domicile, seat or
actual residence, as well as his telephone and telex numbers;
(b) the name and address of the respondent, his place of domicile, seat
or actual residence, as well as his telephone and telex numbers;
(c) a brief description of the dispute;
(d) a clear description of what is claimed;
(e) a reference to the arbitration agreement; a copy of the latter shall
be submitted simultaneously;
(f) the name(s) and address(es) of the arbitrator(s), their place of
domicile or actual residence, as well as their telephone and telex
numbers, insofar as parties themselves have appointed the arbitrator(s);
(g) the method of appointing the arbitrator(s), if parties have agreed
to a method of appointment different from the list-procedure provided in
Article 14;
(h) the number of the arbitrators, if agreed by the parties;
(i) the place of arbitration, if agreed by the parties;
(j) the preference, if any, of the claimant for the number of the
arbitrators and/or for the place of arbitration, if not agreed by the
parties;
(k) to the extent applicable, further particular

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